Legal Requirements for Inspection and Testing

Legal Requirements

The legislation of specific relevance to electrical maintenance and Fixed Installation Testing is the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999, the Electricity at Work Regulations 1989 and the Workplace (Health, Safety and Welfare) Regulations 1992.

The Health & Safety at Work Act 1974 puts the duty of care upon both the employer and the employee to ensure the safety of all persons using the work premises. This includes the self employed.

The Management of Health & Safety at Work Regulations 1999 states:

"Every employer shall make suitable and sufficient assessment of:

(a) the risks to the health and safety of his employees to which they are exposed whilst at work, and

(b)the risks to ensure the health and safety of persons not in his employment arising out of or in connection with the conduct by him or his undertaking."

The Electricity at Work Regulations 1989 states:

• "All systems shall at all times be of such construction as to prevent, so far as reasonably practicable, such danger."
• "As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as reasonably practicable, such danger."
• "'System' means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy and includes such source and such equipment"
• "'Electrical Equipment' includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy."

Scope of the legislation

• It is clear that the combination of the HSW Act 1974 and the EAW Regulations 1989 apply to all electrical equipment used in, or associated with, places of work. The scope extends from distribution systems down to the smallest piece of electrical equipment.
• It is clear that there is a requirement to inspect and test all types of electrical equipment in all work situations.
• In addition to the above legislative requirements some or all of the following types of organizations may also require that an Inspection & Test programme is implemented:
  
  
  • Insurance Companies
  • Mortgage Lenders
  • Licensing Authorities
  • Public Bodies
  • Landlords